Scottish Borders Council

Agenda and minutes

Venue: Council Chamber, Council Headquarters, Newtown St Boswells, TD6 0SA

Contact: Fiona Walling 01835 826504  email  fwalling@scotborders.gov.uk

Items
No. Item

1.

Continuation: Hearing in respect of review of refusal of application for variation of Condition 4 of planning permission 16/00763/FUL to reinstate 2 windows in lieu of air conditioning units at Deans Bar, 3 Orrock Place, Hawick. 17/01368/FUL. 19/00005/RREF. pdf icon PDF 6 MB

Copies of the following papers attached:-

Additional documents:

Minutes:

CHAIRMAN

In the absence of Councillor Miers the meeting was chaired by Councillor S. Hamilton.

 

MEMBER

Having not been present when the following review was first considered Councillor Anderson did not take part in the determination and left the Chamber prior to its consideration.

 

1.1       With reference to paragraph 1 of the Minute of 15 April, 2019, the Local Review Body continued their consideration of the request from Mr Mark Deans, 64 Weensland Road, Hawick, to review refusal of the planning application for variation of Condition 4 of planning permission 17/01368/FUL to reinstate 2 windows in lieu of air conditioning units at Deans Bar, 3 Orrock Place, Hawick.  Clarification had been requested by Members, in the form of a hearing session regarding:-

 

·                     the case for the reinstated windows providing a means of ventilation as a suitable alternative to the ventilation system required under Condition 4 of planning consent 16/00753/FUL; and

·                     the noise impacts of reinstating windows into the function room on the residential amenity of neighbouring residential properties.

 

Following the hearing session Members of the Local Review Body would consider all aspects of the review with no further input from the hearing attendees.

 

HEARING SESSION

1.2       The appellant Mr Mark Deans and his wife Mrs Pauline Deans were in attendance at the Hearing to present their case.  Speaking on behalf of Scottish Borders Council’s Environmental Health Service was Ms Lynn Crothers, Principal Regulatory Services Officer.  The third party, who had objected to the application, did not respond to an invitation to take part in the Hearing and was not in attendance.  A Hearing statement on behalf of the appellant had been circulated, which included a re-issued report from CSP Acoustics and photographs of the inside of the old smashed windows and of the newly installed windows.   A statement by Ms Crothers had also been circulated.

 

1.3       Mrs Deans explained that the premises had been purchased in 2016 as a family business.  It was only when an application was made for an operating licence that they had been informed that a change of use application to a public house was required.  This was despite the premises having been used originally as a pub and more recently as a club.  In terms of  Condition 4 of planning permission 16/00763/FUL, which related to the function room, the use of this room had not changed so there was a question as to why a new ventilation system was now required.  It was thought unreasonable to ask a small business to spend in excess of £8,000 on air conditioning units when these had not been required previously.  There was already ventilation by way of extractor fans that were fitted in the walls.  There was also concern that their neighbour who complained about noise breakout from the premises would also complain about the noise of air conditioning units if fitted. The applicants had been unable to source satisfactory units that complied with the noise criteria. Fitting the triple glazed windows and the existing extractor fans to  ...  view the full minutes text for item 1.

2.

Continuation of review of refusal of application for erection of dwellinghouse on land east of Rose Cottage, Maxwell Street, Innerleithen. 18/00728/PPP. 18/00001/RREF. pdf icon PDF 1 MB

Copies of the following papers attached:-

Additional documents:

Minutes:

With reference to paragraph 2 of the Minute of 18 March 2019 there had been re-circulated copies of the request from Mr Raymond Keddie, Hillhouse, 2 Damside, Innerleithen, to review refusal of the planning application for erection of a dwellinghouse on land east of Rose Cottage, Maxwell Street, Innerleithen.  In response to the request from Members for further information, written submissions had also been circulated from the applicant, planning officer, access officer and interested parties about the current usage and function of the greenspace. In focussing on whether the proposal was an appropriate infill site for development, Members considered the additional information provided and discussed at length issues relating to the green space, the significance of the right of way to the northern side of the site and all the third party comments and objections including concerns about the disposal of surface water. 

 

DECISION

AGREED that:-

 

(a)          the review could be considered without the need for any further procedure on the basis of the papers submitted and the further information provided;

 

(b)          the proposal would be in keeping with the Development Plan; and

 

(c)          the officer’s decision to refuse the application be reversed and planning permission be granted, subject to conditions, for the reasons detailed in Appendix I to this Minute

 

 

MEMBER

Having not been present when the following review was first considered Councillor Anderson did not take part in the determination and left the Chamber prior to its consideration.

 

3.

Continuation of review of application for erection of dwellinghouse with detached garage, Plot 3 Land NE of the Old Church, Lamberton. 18/00961/FUL. 19/00006/RREF. pdf icon PDF 100 KB

Copies of papers re-circulated as follows:-

Additional documents:

Minutes:

With reference to paragraph 2 of the Minute of 15 April, 2019 and following a site visit, there had been re-circulated copies of the request from Mrs Suzanne Currie, per Smith and Garratt Rural Asset Management, The Guildhall, Ladykirk, to review the refusal of the planning application for erection of a dwellinghouse with detached garage on Plot 3, land north east of the Old Church, Lamberton. Members agreed that the site visit had been useful in allowing them to assess how the proposed development would relate to other dwellings within the group, also taking into account the view of the site from the A1; and whether there would be a significant impact of the development on the setting of the Scheduled Monument of Old Lamberton Church, Members continued their discussion of the design, mass and orientation of the proposed dwellinghouse, taking into account observations made during the site visit and their deliberations when this review was first considered. 

 

DECISION

AGREED

 

(a)          the review could be considered without the need for any further procedure on the basis of the site visit and the papers submitted;

 

(b)          the proposal would be in keeping with the Development Plan; and

 

(c)          the officer’s decision to refuse the application be reversed and planning permission be granted, subject to conditions, for the reasons detailed in Appendix II to this Minute

 

 

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